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Preview Email
January 2014
Congratulations. There are no changes to the legislation or other requirements in your legal register.
 
Recent Publications

EUROPEAN COMMISSION (EC)

Energy and climate objectives for 2030

The EC has published its energy and climate objectives for 2030:

  • A 40% cut of greenhouse gas emissions against 1990 levels.
  • Renewable energy is to represent at least 27% of consumption across the EU by this date.

Although the objectives acknowledge the importance of energy efficiency measures, there is no specific target for this.

These goals support the target of cutting greenhouse gas emissions across the EU by 80-95% by 2050.
 

DEPARTMENT OF BUSINESS, INNOVATION & SKILLS (BIS)

One-in, two-out: seventh statement of new regulation - January to June 2014

This statement presents changes to legislation planned for the first two quarters of 2014. The programme includes a number of significant changes to environmental legislation. Changes announced are covered in the respective entries for legislation concerned on your register.


DEPARTMENT OF ENERGY & CLIMATE CHANGE (DECC)

Community Energy Strategy

Part 1 and Part 2 of this strategy sets out support for community energy systems, which may include energy generation, collective purchasing or energy reduction delivered at a community level.
 

Smart metering: a guide for local authorities and third sector organisations
 

DEFRA

Water Bill: codes for agreements with water companies

Under the Water Bill Ofwat may set out “codes”, which set out terms and conditions that must be included in agreements with water companies in order to ensure effective functioning of markets.
 

DEPARTMENT FOR TRANSPORT

Motor fuel greenhouse gas emissions reporting

The Motor Fuel (Road Vehicle and Mobile Machinery) Greenhouse Gas Emissions Reporting Regulations 2012 require that companies supplying 450,000 litres or kilograms of liquid or gaseous fuel for road transport and non-road mobile machinery report the amount supplied in the previous calendar year, the respective energy content and associated greenhouse gas emissions. 2013 was the first calendar year subject to these Regulations and reports must be made by 29 November of each following year.

This document provides guidance to companies subject to these reporting duties.
 

ENVIRONMENT AGENCY

Regulatory Position Statement 135: Consignee returns: relaxation of reporting requirements for specified hazardous wastes

Recipients of hazardous waste must provide quarterly reports to the Environment Agency summarising details recorded in the respective notes for each consignment in the period.

This regulatory position statement records circumstances where recipients (consignees) are not required to include each individual consignment for movements of specified hazardous wastes in quarterly returns. Instead, the consignee may summarise all receipts of these specified wastes in each quarter under one consignment code. This allows a reduction in fees that would otherwise be levied per consignment note.

Specified hazardous wastes subject to this position statement are as follows:

  • Fluorescent tubes and other hazardous lighting equipment;
  • Lead-acid motor vehicle batteries ;
  • Air freshener aerosol cans from toilets or washrooms;
  • Veterinary waste from farms;
  • Dry cell portable batteries;
  • Recovered refrigerant gases;
  • Samples of hazardous waste being sent to a laboratory;
  • Un-depolluted ELVs;
  • Small mixed WEEE from household sources; and
  • Municipal pesticides.

These wastes are subject to specific rules detailed in Annex 1 to this statement.
 

Habitats and species protected under the Habitats Regulations – A quick guide
 

SCOTTISH GOVERNMENT

Proposed National Planning Framework 3

The National Planning Framework designates national strategic developments, underlying spatial development planning across Scotland.

The proposed National Planning Framework 3 is to supersede the existing framework, which was introduced in 2009.


The Scottish Government has published responses to three consultations carried out in 2013:

  • Draft Scottish Planning Policy: Sustainability & Planning Consultation Responses
  • Consultation on the Draft Scottish Climate Change Adaption Programme: Analysis of Responses
  • Consultation on the Draft Scottish Climate Change Adaption Programme: Analysis of Responses - Research Findings
  • Analysis of consultation on licensing of metal dealers


Scottish Marine and Freshwater Science Volume 5 Number 1: UK Ocean Acidification Coastal Monitoring Network - Expanding the Network - Defra Contract C5801/ME5309
 

NORTHERN IRELAND ENVIRONMENT AGENCY

NIEA H5 IED Guidance

The Northern Ireland Environment Agency has revised the H5 guidance document supporting the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 to reflect changes as a consequence of the implementation of the Industrial Emissions Directive (2010/75/EU). The H5 guidance concerns the preparation and maintenance of site reports for the application, through to operation and ultimately surrender of permits.
 

NORTHERN IRELAND DEPARTMENT OF THE ENVIRONMENT

Northern Ireland’s Landscape Charter

This charter outlines the Government’s vision for Northern Ireland’s landscapes, in light of the European Landscape Convention 2000. Organisations and individuals are invited to sign and abide by the terms of this charter to demonstrate their commitment to high quality landscape planning and development.
 

 
Offences

Custodial sentence and £330,000 penalty for illegal wood waste facilities

Between June 2010 and October 2011 Christopher Theaker, trading as Theaker Recycling Ltd, operated four illegal wood waste facilities across Sheffield and Mansfield.

Wood waste was received at the sites, stored and chipped. None of the sites were subject to a suitable environmental permit authorising these waste operations and terms of waste exemptions registered for the sites were being breached.

Between June and August 2010 the Environment Agency identified that the company was processing inappropriate waste wood outside an appropriate permit and quantities received exceeded that permitted by a registered exemption. Officers informed Mr Theaker of this issue and ultimately revoked the exemption following warnings. This issue would arise three more times, with the Environment Agency serving notices to clear each sites before Mr Theaker set up elsewhere.

During the illegal operations numerous complaints were received regarding dust and contaminated waste wood was observed at two of the sites on attendance by Environment Agency officers.

On 7 January 2014 a nine month custodial sentence was given and Mr Theaker was ordered to pay £250,000 in confiscation under the Proceeds of Crime Act 2002, a further £80,000 in costs and £120 victim surcharge.

In England and Wales the T6 (Treatment of waste wood and waste plant matter by chipping, shredding, cutting or pulverising) waste exemption allows certain treatments of specified types of waste wood, provided that the included conditions are met.

Wood waste treatment operations outside the terms of this exemption or beyond the thresholds set must be subject to an environmental permit under the Environmental Permitting (England and Wales) Regulations 2010, as amended.
 

Bonded warehouse receives fine for pollution of the River Ayr

A bonded warehouse in Ayrshire has been fined after a spill resulted in approximately 5,000 litres of 67% whisky spirit being received by the River Ayr.

On 6 September 2011 a tanker was delivering 27,500 litres of whisky spirit to the warehouse in Catrine. This tanker was unloaded to the site’s external tanks via remotely controlled valves. During unloading an employee saw liquid being sprayed from a tank and pumping was stopped immediately.

Although the external storage tanks were within a bund a drain valve installed had been left open. Of approximately 6,600 litres spilt, around 5,000 litres escaped the bund and was received by the River Ayr.

The SEPA reporting officer stated that contingency arrangements to prevent pollution had been inadequate, although the site’s proximity to the river should have made these a priority. High level alarms fitted to the tanks were reportedly routinely ignored by operators and gauges and alarms to warn when the tanks were 92% full had not been connected to the control system.

The warehouse was fined £12,000 for breaches of Regulation 4 and Regulation 44(1)(a) of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 and Section 20(3)(a) of the Water Environment and Water Services (Scotland) Act 2003.

Section 20(3)(a) of the Water Environment and Water Services (Scotland) Act 2003 permits the Scottish Ministers to make regulations for activities liable to cause pollution of the water environment. The Water Environment (Controlled Activities) (Scotland) Regulations 2011 were made under this Act.

Regulation 4 of the Water Environment (Controlled Activities) (Scotland) Regulations 2011 prohibits unauthorised direct or indirect discharges to all surface waters, groundwaters and wetlands. Under Regulation 44(1)(a) it is an offence to contravene Regulation 4.
 

Lorry driver fined for unauthorized waste tyre disposal

A driver of curtain-sided lorry has been fined for the dumping of used vehicle tyres.

An investigation by the Northern Ireland Environment Agency identified that the driver had been observed parked adjacent to a bonfire site in Belfast, when a number of used vehicle tyres were dumped.

The driver subsequently pleaded guilty to one count under Article 4.1(a) and one count under Article 4.1(b) of the Waste and Contaminated Land (Northern Ireland) Order 1997. The driver was fined £200 on each count.

Article 4.1(a) prohibits the deposit of controlled waste, or to knowingly cause or permit controlled waste to be deposited in or on any land unless a waste management licence authorising the deposit is in force and the deposit is in accordance with the licence.

Article 4.1(b) prohibits the treatment, keeping or disposal of controlled waste, or knowingly causing or permitting controlled waste to be treated, kept or disposed of (i) in or on any land; or (ii) by means of any mobile plant.

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